BILL NUMBER: SB 1165	CHAPTERED  06/28/99

	CHAPTER   49
	FILED WITH SECRETARY OF STATE   JUNE 28, 1999
	APPROVED BY GOVERNOR   JUNE 28, 1999
	PASSED THE SENATE   JUNE 15, 1999
	PASSED THE ASSEMBLY   JUNE 14, 1999
	AMENDED IN ASSEMBLY   JUNE 9, 1999
	AMENDED IN SENATE   MAY 6, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senators Sher and Ortiz
   (Coauthor:  Senator Rainey)

                        FEBRUARY 26, 1999

   An act to add Section 1094.8 to the Code of Civil Procedure,
relating to judicial review, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1165, Sher.  Expedited judicial review.
   Existing law provides for judicial review of decisions by a local
public agency regarding the issuance, revocation, suspension, or
denial of a business or other permit.
   This bill would set forth an expedited procedure for judicial
review of decisions by a local public agency regarding the issuance,
revocation, suspension, or denial of a permit involving expressive
conduct protected by the First Amendment to the United States
Constitution, as specified.
   The bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1094.8 is added to the Code of Civil Procedure,
to read:
   1094.8.  (a) Notwithstanding anything to the contrary in this
chapter, an action or proceeding to review the issuance, revocation,
suspension, or denial of a permit or other entitlement for expressive
conduct protected by the First Amendment to the United States
Constitution shall be conducted in accordance with subdivision (d).
   (b) For purposes of this section, the following definitions shall
apply:
   (1) The terms "permit" and "entitlement" are used interchangeably.

   (2) The term "permit applicant" means both an applicant for a
permit and a permitholder.
   (3) The term "public agency" means a city, county, city and
county, a joint powers authority or similar public entity formed
pursuant to Section 65850.4 of the Government Code, or any other
public entity authorized by law to issue permits for expressive
conduct protected by the First Amendment to the United States
Constitution.
   (c) A public agency may, if it so chooses, designate the permits
or entitlements to which this section applies by adopting an
ordinance or resolution which contains a specific listing or other
description of the permits or entitlements issued by the public
agency which are eligible for expedited judicial review pursuant to
this section because the permits regulate expressive conduct
protected by the First Amendment to the  United States Constitution.

   (d) The procedure set forth in this subdivision, when applicable,
shall supersede anything to the contrary set forth in this chapter.
   (1) Within five court days after receipt of written notification
from a permit applicant that the permit applicant will seek judicial
review of a public agency's action on the permit, the public agency
shall prepare, certify, and make available the administrative record
to the permit applicant.
   (2) Either the public agency or the permit applicant may bring an
action in accordance with the procedure set forth in this section.
If the permit applicant brings the action, the action shall be in the
form of a petition for writ of mandate pursuant to Section 1085 or
1094.5, as appropriate.
   (3) The party bringing the action pursuant to this section shall
file and serve the petition on the respondent no later than 21
calendar days following the public agency's final decision on the
permit.  The title page of the petition shall contain the following
language in 18-point type:
   "ATTENTION:  THIS MATTER IS ENTITLED TO PRIORITY AND SUBJECT TO
THE EXPEDITED HEARING AND REVIEW PROCEDURES CONTAINED IN SECTION
1094.8 OF THE CODE OF CIVIL PROCEDURE."
   (4) The clerk of the court shall set a hearing for review of the
petition no later than 25 calendar days from the date the petition is
filed.  Moving, opposition, and reply papers shall be filed as
provided in the California Rules of Court.  The petitioner shall
lodge the administrative record with the court no later than 10
calendar days in advance of the hearing date.
   (5) Following the conclusion of the hearing, the court shall
render its decision in an expeditious manner consistent with
constitutional requirements in view of the particular facts and
circumstances.  In no event shall the decision be rendered later than
20 calendar days after the matter is submitted or 50 calendar days
after the date the petition is filed pursuant to paragraph (4),
whichever is earlier.
   (e) If the presiding judge of the court in which the action is
filed determines that, as a result of either the press of other court
business or other factors, the court will be unable to meet any one
or more of the deadlines provided within this section, the presiding
judge shall request the temporary assignment of a judicial officer to
hear the petition and render a decision within the time limits
contained herein, pursuant to Section 68543.8 of the Government Code.
  Given the short time period involved, the request shall be entitled
to priority.
   (f) In any action challenging the issuance, revocation,
suspension, or denial of a permit or entitlement, the parties to the
action shall be permitted to jointly waive the time limits provided
for herein.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order for a judicial action or proceeding reviewing the
issuance, revocation, suspension, or denial of a permit or other
entitlement for expressive conduct protected by the First Amendment
to the United States Constitution to proceed to hearing and have a
decision rendered in an expeditious manner consistent with
constitutional requirements in view of the holding in Baby Tam & Co.,
Inc. v. City of Las Vegas (1998) 154 F.3d 1097, it is necessary that
this act take effect immediately.
